CALIFORNIA COMPENSATION CASES
Vol. 88, No. 5 May 2023
A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions...
By Hon. Susan V. Hamilton, Former Assistant Secretary and Deputy Commissioner, California Workers’ Compensation Appeals Board
In 2022 there were 7,490 wildfires in California. They burned 362,455 acres...
By Christopher Mahon
Should temporary workers be treated separately under workers’ compensation law due to additional employment and income risks they may incur after workplace injuries? A new study...
Here's a noteworthy panel decision where a family member conveyed essential information to the AME on behalf of the injured employee. The Lexis headnote is below.
CA - NOTEWORTHY PANEL DECISIONS...
Oakland, CA – Part II of a California Workers’ Compensation Institute (CWCI) research series on low- volume/high-cost drugs used to treat California injured workers identifies three Dermatological drugs...
The failure, on the part of an injured employee, to abide by lifting restrictions could not alone be sufficient to constitute an independent intervening cause that would relieve his or her employer (or carrier) from the responsibility for continued workers’ compensation benefits, held an Appeals Panel of the Tennessee Supreme Court. Quoting Larson’s Workers’ Compensation Law, § 10.01, the Court noted that the direct and natural consequences rule had limits; negligent acts on the part of the injured employee could break the causal connection between the workplace and the injury. Here, however, there was no evidence of an actual new injury. Pain, such as had been experienced by the worker here, when exceeded her lifting restrictions, was not a second injury. Nor was there any evidence that her existing condition had been aggravated. The employer was still liable for benefits.
Thomas A. Robinson, J.D., the co-Editor-in-Chief and Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is co-author of Larson’s Workers’ Compensation Law(LexisNexis).
LexisNexis Online Subscribers: Citations below link to Lexis Advance.
See Paris v. McKee Foods Corp., 2021 Tenn. LEXIS 53 (Feb. 16, 2021), aff’d, adopted, 2021 Tenn. LEXIS 54 (Feb. 16, 2021)
See generally Larson’s Workers’ Compensation Law, § 10.01.
Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law
For a more detailed discussion of the case, see
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